Posts by Ben Thomson

An executor and trustee are responsible for managing the estate of a deceased person (known as the administration of an estate). The specific duties of an executor and trustee can vary depending on the estate, but some common tasks include: Obtaining the Will: The executor and trustee will require the original Will upon the death…

It is important to seek legal advice when preparing a Will to ensure that it is valid and legally binding. Consideration also needs to be given to your wider estate plan and any tax implications that may be in play. When preparing for your appointment, there are several important things that you need to consider:…

Everyone knows of someone who has been involved in a turbulent estate for one reason or another. Yet roughly one half of Australians do not have a valid Will. Dying without a Will is known as dying intestate, and it only causes complications. If you die intestate your estate will be determined by the laws…

When someone passes away in most cases an application must be made to the Supreme Court (“Court”) so that the deceased’s property can be dealt with appropriately.   What is Probate? Probate is the process of applying to the Court to validate and prove a deceased person’s Will whereby you present to the Court the…

Enduring Power of Attorney (EPA) Everybody owns some form of asset whether it is real estate, a bank account, a motor vehicle, shareholdings, etc. So, what would happen to your assets if: You are outside of Australia, on holiday or business for example, and an issue related to your financial affairs arises? You suddenly lose…

For most, superannuation is one of their largest assets. A person’s superannuation account usually comprises of their member (employment/sacrificed) contributions and policy benefits (such as death benefits). However, what most people do not realise is that death benefits and superannuation accounts may not form part of a deceased’s estate. Therefore, that money may not be…

Under the Australian legal system, people are free to decide how they wish to distribute their assets upon their death. Such decisions should always be confirmed within a Will. Where a person has not made a Will during their lifetime then, upon their death, the distribution of their assets will be determined by the laws…

I do not believe the Will is valid. How may I stop Probate? In probate proceedings, you may be able to file a caveat on probate, administration or resealing at the Supreme Court of Western Australia (the “Court”). Once a caveat on probate, administration or resealing is successfully filed, the caveat will prevent an intending…

While not every traffic offence requires the recipient to go to court, if a charge is brought against you and you are convicted at trial after entering a plea of guilty or after being found guilty, the penalties can be severe. It’s important that you make it a priority to speak to a local team…